On September 3, 2021, the Ontario government filed O. Reg. 637/21 made under the Ontario Employment Standards Act, 2000 (ESA). The regulation sets out the process by which an overpayment made by the Workplace Safety and Insurance Board (WSIB) for paid infectious disease emergency leave (Paid IDEL) may be recovered from an employer. As we…
Business Operation: Ontario
Appellate Court Overturns WSIAT Decision That Held Constructive Dismissal Claim Barred by WSIA
In Morningstar v. WSIAT (Morningstar), the Divisional Court partially overturned a decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) that had barred a constructive dismissal claim which was based on alleged workplace harassment from proceeding in Superior Court. The WSIAT had found that the claim fell within the entitlement for chronic mental stress…
Uber Employment Status Class Action Certified
Justice Perell of the Ontario Superior Court of Justice has certified a class action brought by Uber drivers in Uber Technologies Inc. v. Heller, finding that there were certifiable common issues with respect to whether drivers may have been misclassified as independent contractors within the meaning of the Ontario Employment Standards Act, 2000 (ESA). The…
Appellate Court Considers Employee’s Entitlement to Incentive Compensation in Light of Ocean Nutrition; Majority Affirms Original Decision
In Manastersky v. Royal Bank of Canada, a majority of the Ontario Court of Appeal confirmed its earlier finding that a trial judge had erred when he found a former executive was presumptively entitled to incentive compensation during the reasonable notice period. Background Facts During his employment with RBC Dominion Securities Inc. (RBCDS), Mr. Manastersky…
Ontario Issues Updated Guidance on Isolation Requirements
On August 11, 2021, the Ontario government released COVID-19 Fully Immunized and Previously Positive Individuals: Case, Contact and Outbreak Management Interim Guidance (Guidance). It contains “updated recommendations for case and contact, and outbreak management of fully immunized and previously positive individuals in Ontario,” in light of the vaccination rollout and the emergence of variants of…
Ontario Consults on Proposed OHSA Regulatory Amendments for Mining Industry
The Ministry of Labour, Training and Skills Development (Ministry) has launched a consultation with respect to proposed amendments to regulatory requirements under the Occupational Health and Safety Act (OHSA) that apply to mines and mining plants. The proposed amendments aim to “increase flexibility, better reflect current technology, and reduce the regulatory burden” currently set out…
Ontario Consults on the “Future of Work” as it enters COVID-19 Recovery Phase
The Ontario government has established a Workforce Recovery Advisory Committee to lead consultations and to provide recommendations on the “future of work” in the province. As stated by the government, the Committee’s recommendations regarding the “future of work” will focus on three pillars: Economic recovery: How to make Ontario the top jurisdiction with a world-class…
Ontario Launches Tower Crane Health and Safety Consultation
The Ministry of Labour, Training and Skills Development (Ministry) has launched a Consultation on Improving Health and Safety Requirements relating to Tower Cranes, which aims to update current legislative requirements for the operation of tower cranes. The consultation is focused on the requirements set out in the Construction Project Regulation, O. Reg. 213/91, and O….
Ontario Consults on OHSA Regulations Relating to Notice of Project and Head Protection Requirements
The Ontario Ministry of Labour, Training and Skills Development (Ministry) is seeking input from interested parties in respect of regulatory proposals to modernize the Notice of Project and worker head protection requirements for workplaces in Ontario that fall under the Occupational Health and Safety Act (OHSA). Proposed Changes to Notice of Project Requirements The intention…
Ontario Superior Court Refuses to Certify Proposed Employment Class Action
In Curtis v Medcan Health Management Inc., Justice Perell of the Ontario Superior Court refused to certify a proposed class action related to vacation and statutory holiday pay, finding that a class proceeding would not be the preferable procedure for the resolution of common issues. The Ontario Employment Standards Act (ESA) requires that employees receive…